Florida Regulations § 34-17.005 Review for Sufficiency of Allegations of Breach of Public Trust and Ordering Preliminary Investigation

(1) The referral shall be reviewed by the Executive Director in order to make a recommendation of whether or not it is sufficient to allege a breach of public trust or a violation of Chapter 112, Part III, F.S. A referral shall not be insufficient because it is based upon evidence which would be hearsay evidence in a court of law. In order to make this determination, the Executive Director may request additional information from the referring agency and may obtain information from public records.

(2) If the Executive Director believes that the referral is sufficient to invoke the jurisdiction of the Commission, a written recommendation will be considered by the Commission in executive session. If at least six members of the Commission find that the referral is legally sufficient, an order to investigate the referral shall be entered and transmitted to the Respondent within five (5) days of the Commission's determination.

(3) If the Executive Director recommends that the referral is not legally sufficient to invoke the jurisdiction of the Commission and that it should not be investigated, the recommendation will be considered by the Commission in executive session. If a majority of the Commission accepts the Executive Director's recommendation that the referral is not legally sufficient, the referral shall be dismissed and the referring agency and the respondent will be notified of the dismissal. A summary of the reasons for dismissing the referral together with the referral itself and all documents related thereto shall become a public record and constitute a public report.